Statement of changes to the immigration rules: HC 1160, 9 March 2023

The Home Office put forward a new Statement of changes to the immigration rules to Parliament. The major changes and amendments are below:

– Replacing the Innovator visa and suspending the start up visa categories with the new Innovator Founder route. The new route will make provision for overseas nationals seeking entry for the purpose of establishing an innovative business with an Innovator Founder route.The new route removes the £50k minimum funds requirement currently applied to those coming to the UK to establish an innovative business in order to make more flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it. The changes also relax existing restrictions on Innovator migrants engaging in employment outside the running of their business, provided such secondary employment is in skilled roles (i.e., at least skilled to RQF Level 3).

– The Start up route will be closed to new initial applications except where they are supported by endorsements issued before 13 April 2023. With the removal of the £50k minimum funds requirement for Innovator Founders, it is no longer necessary to retain a separate route for start-up entrepreneurs that do not have access to this level of funds.

– Skilled worker/Global Business Mobility/Scale-up/Seasonal Worker. Salary thresholds and going rates for individual occupations are being updated, based on the latest available UK salary data. Clarification is also being added to how salaries are considered where an applicant is working a pattern where the regular hours are not the same each week. These changes relate to the Skilled Worker, Global Business Mobility, Scale-up and Seasonal Worker routes.

– Introducing a new Electronic Travel Authorisations (ETA) which will apply to third country national (i.e., not British or Irish) passengers visiting the UK or transiting the UK who do not currently need a visa for short stays, as well as those using the Creative Worker route for a short stay;

– Changes to the Long Residence rules for indefinite leave to remain. The current definition of what constitutes lawful residence in the long residence rules is not clear, and this has led to confusion. The rules are changing to not allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. The changes will also not allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. This makes it clear that time spent on a route which both allows for a maximum grant of permission of 12 months, and where switching is generally not allowed (so there is the strongest possible expectation that the person will leave the UK at the end of a short stay), cannot count towards settlement on the basis of long residence. A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so.

– Global Business Mobility. A change is being made to the Immigration Rules for the Global Business Mobility UK Expansion Worker route to reflect commitments the UK has made in the UK- Australia Free Trade Agreement. Australian nationals and permanent residents coming to the UK to open a branch or subsidiary of their Australian employer will not need to demonstrate that they have worked for their overseas employer for 12 months prior to coming to the UK.

– Changes to the Youth Mobility Scheme (YMS). The Youth Mobility Scheme route implements the international commitments we take to provide cultural exchange programmes for young people. The UK’s existing reciprocal, bilateral arrangement with New Zealand has been enhanced – the age range is being expanded from 18-30 to 18-35 and the length of stay is being increased from 2 to 3 years.;